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answered on Apr 10, 2021
GOOD QUESTION
If dismissed, a copy of the Dismissal will ordinarily be in the official court file. In Charlotte, defense lawyers may call that the "shuck."
Indeed, the dismissal itself is often written on the front of the citation by the prosecuting attorney (the... View More 
I’m 24 and until last month have never had a ticket of any kind or ever even been pulled over. Last month Around 2/12 I got a speeding ticket on the highway for going 81 in a 65. Earlier tonight I was driving back home from purchasing a new car which is much faster than the current one I own.... View More
answered on Mar 15, 2020
GOOD QUESTION
While clearly disconcerting, there may be legal options available.
I think the smart thing to do is to retain legal counsel immediately.
Butch Jenkins is an excellent attorney and super nice guy:... View More
Will pending misdemeanor charges for possession of weed, concealed carry without a permit and reckless driving prohibit me from obtaining my concealed carry handgun permit in NC?
answered on Mar 10, 2020
GREAT QUESTION
The Concealed Carry Permit in North Carolina is largely controlled by NC Criminal Law Chapter 14-415.11 and N.C.G.S. 14-415.12.
In addition to certain conditions precedent regarding attending and passing coursework, some level of discretion is given to the Local... View More
I have a clean criminal background.
answered on Mar 3, 2020
GREAT QUESTION
N.C.G.S. § 14-74 covers Larceny by Employee charges in North Carolina.
Ordinarily, that is a Class H felony. BUT, that is dependent on the amount at issue.
If the value of the money, goods, or other items that are illegally taken is $100,000 or more, the... View More
-conviction. Is there a way to have the outcome retracted, and original charges dropped? State of NC
answered on Feb 6, 2020
GREAT QUESTION
The NC Criminal Laws have changed substantially over the last few years, giving some people the opportunity to clear their record.
In North Carolina we call that an "expunction" or "expungement."
There are limitations, expungements are not... View More
classes. Turns out it is an NC ticket from 20 years ago. The name on the ticket is spelled wrong and he never lived at the address shown on the ticket. They want $414. He is unsure but thinks he got a ticket which was paid however we have no info from 20 years ago. Is there any way to get this... View More
answered on Jan 29, 2020
GREAT QUESTION
North Carolina can be a bit of a stickler when it comes to "holds." Until cleared by NC DMV, one would assume the Interstate Compact would continue to cause problems with licensure.
Most lawyers would want to know where the ticket was issued, what county,... View More
When it became time for what she thought was to get her license back, she was told that she needed to have an interlock device installed on her car. At that time, we were not married and she did not have a car. Time passed and she never got her license back and she has been without one ever since.... View More
answered on Jan 16, 2020
GREAT QUESTION
An Interlock may be required, irrespective of the passage of time. DMV in North Carolina tends to be a bit of a stickler on this point.
The expiration of time often does not matter to them.
The condition of an IID for a Conditional Restoration with DMV is... View More
Reported vehicle was stolen and filed false police report but the vehicle wasn't stolen
answered on Jan 11, 2020
GREAT QUESTION
There are both felony and misdemeanor "false police report" charges in North Carolina, see:
https://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-225.html
§ 14-225. False reports to law enforcement agencies or officers.... View More
answered on Jan 6, 2020
GREAT QUESTION
I am aware of no law in North Carolina that prevents an officer from issuing a ticket after-hours. It's frankly doesn't sound like a very safe/smart/nice thing to do.
Most NC defense lawyers would want to more about that fact-pattern before deciding how to... View More
Do i need to hire a attorney?
how can i dismiss my ticket?
answered on Nov 12, 2019
GREAT QUESTION
1. Yes, retain an attorney, especially if you're a North Carolina license-holder. If convicted and reported back to NC, that would result in a revocation/suspension. It also could include some pretty heft increased insurance premiums.
SEE the Interstate... View More
answered on Sep 9, 2019
THAT'S A REALLY GOOD QUESTION
A lot depends on the nature and circumstances of why that hasn't yet happened. Parents MAY in certain circumstances be eligible to file the estate.
It would be smart to find out if there is a will too.
Estates can be a bit... View More
Is it possible that a judge might give us a bulk discount? The man died intestate, demented, and in deep poverty, in Craven Co. North Carolina.
Maybe I should have been more specific. We know there's enough money to bury him, and that has priority. But whether there's money... View More
answered on Sep 9, 2019
GREAT QUESTION
Actually, there is a process by which outstanding legal matters may be possibly dismissed. In fact, the statute says, the charges "must dismiss" the charges.
See: https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/BySection/Chapter_15A/GS_15A-954.pdf... View More
answered on Dec 11, 2018
The last person executed in North Carolina was Samuel Flippen, put to death Aug. 18, 2006, for the murder.
It's possible Flippen forever will remain the last person executed in North Carolina. Capital punishment in North Carolina, while it remains on the books, is rarely enforced.... View More
answered on Nov 29, 2018
First, my heart goes out to you. I can only imagine how difficult it must be to live with your loss.
That being said, I think it would be better to speak with an attorney before posting something on a public forum and possibly subjecting yourself to civil claims for libel.... View More
answered on Oct 31, 2018
GOOD QUESTION
There isn't really a sense of "equitable relief" based on financial circumstances (and the need to work), at least regarding the ability to drive. Put simply, one is either eligible under the NC DWI laws or not eligible.
A LOT depends on the nature... View More
Its same felony I'm already on probation for..what's gonna happen??
answered on Sep 26, 2018
That's serious stuff. More information would be helpful, especially regarding the type of felony charges in North Carolina. . .and whether the charges are in North Carolina. The inquiry is from Georgia.
Here are two quick points:
1. The allegations of new NC criminal... View More
None
answered on Sep 14, 2018
It could. DWLR is a misdemeanor criminal offense. An experienced defense lawyer would want to find out the basis of the license suspension and terms of the Supervised Probation.
Given the complexity of such matters, best bet would be to retain legal counsel ASAP.
Rob Denton is up... View More
It has been more than two years since I was charged
answered on Sep 10, 2018
No. The NC Supreme Court JUST ruled on that legal issue.
Despite what many legal scholars consider to be the clear language of the N.C.G.S., the Supreme Court found the North Carolina General Assembly could never have intended an end result and dismissal of charges for the State's... View More
I live in North Carolina and haven't had any traffic violations in the past seven years. I was clocked going 74 in a 55 mph zone. Can I file a Prayer for Judgement and what would be entitled to pay if I can. Will I have points added to my license?
answered on Aug 29, 2018
GREAT QUESTION
How Should I Handle My Traffic Ticket? Should I go to Driving School? What is an PJC? What does Continued Judgment mean? What are Insurance Points? What are Motor Vehicle Points? What is the difference? Should I retain a lawyer?
Consider the Following:... View More
answered on Aug 26, 2018
GREAT QUESTION
You've stumped this lawyer. North Carolina seems to focus on safety equipment such as lighting, brake lights, windshield wipers (if it's raining), etc. If a bumper wasn't properly affixed/attached and/or about to fall off, law enforcement likely could conduct... View More
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